Vigil v. HUD Washingon D.C. et al

Filing 2

ORDER Denying without prejudice, 1 Application for Leave to Proceed in forma pauperis. IT IS FURTHER ORDERED that Plaintiff shall have until 10/9/15, in which to submit a completed application that includes the information discussed in this O rder, or to pay the $400.00 filing fee. Failure to comply with this Order will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Carl W. Hoffman on 9/24/15. (Copies have been distributed pursuant to the NEF - Blank IFP application mailed to Plaintiff 9/25/15 - PS)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12
13
14
15
16
17

MICHAEL VIGIL,

)
)
Plaintiff,
)
)
vs.
)
)
SOUTHERN NEVADA REGIONAL HOUSING )
)
AUTHORITY, et al.,
)
Defendants.
)
__________________________________________)

Case No. 2:15-cv-01738-APG-CWH
ORDER

Before the Court is Plaintiff Michael Vigil’s (“plaintiff”) Application for Leave to Proceed In
Forma Pauperis (doc. # 1), filed September 10, 2015.

18

Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action

19

in federal district court in addition to a $50.00 administrative fee, effective May 1, 2013, for a total of

20

$400.00. The court may authorize the commencement of an action “without prepayment of fees and

21

costs or security therefor, by a person who makes an affidavit that he is unable to pay such costs or

22

give security therefore.” 28 U.S.C. § 1915(a).

23

Plaintiff submitted the affidavit required by § 1915(a) to show that he is unable to prepay fees

24

and costs or give security for them. However, a review of plaintiff’s application reveals that he failed

25

to fill out all letter items under number 3 of his application form. See Doc. # 1. Based on the

26

documents attached to plaintiff’s application, moreover, it appears plaintiff receives food stamps but

27

failed to include this information in his application form. It also appears that plaintiff has received

28

$41,025.00 in social security benefits, as stated under number 2 of the application, but it is unclear to

1

the Court whether this amount is correct, and whether it was received on a yearly or other basis and

2

not on a monthly basis as plaintiff has alleged. Because the information provided for review is

3

incomplete and unclear, this Court is unable to determine whether plaintiff can afford the filing fee

4

required to pursue the instant action.

5
6
7
8

Accordingly, IT IS HEREBY ORDERED that plaintiff’s Application for Leave to Proceed
In Forma Pauperis (doc. # 1) is denied without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall mail plaintiff a blank Application
to Proceed In Forma Pauperis.

9

IT IS FURTHER ORDERED that plaintiff shall have until Friday, October 9, 2015, in

10

which to submit a completed application that includes the information discussed in this order, or to pay

11

the $400.00 filing fee. Failure to comply with this order will result in a recommendation that this case

12

be dismissed. The Clerk of Court shall retain plaintiff’s Complaint.

13

DATED: September 24, 2015

14
15
16

______________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge

17
18
19
20
21
22
23
24
25
26
27
28

2